South Australian Numbered Acts
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FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 (NO 71 OF 2017)
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
2. Commencement
3. Interpretation
PART 2--Chief Recovery Officer
4. Chief Recovery Officer
5. Delegation
6. Certain determinations may be made by automated process
7. Annual report
PART 3--Enforcement of pecuniary sums Division 1--Preliminary
8. Pecuniary sum is debt
9. Amounts due under expiation notices may be treated as part of pecuniary sum
10. Enforcement against youths Division 2--Payment of pecuniary sums
11. Pecuniary sum is payable within 28 days
12. Payment of pecuniary sum to Chief Recovery Officer
13. Payment by credit card etc
14. Amounts unpaid or unrecovered for more than certain period
15. Arrangements as to manner and time of payment
16. Arrangement or waiver for debtor who has persistently driven unlicensed
17. Publication of names of debtors who cannot be found
18. Reminder notice
19. Enforcement action
PART 4--Payment of expiation fees
20. Arrangements as to manner and time of payment
21. Arrangement or waiver for alleged offender who has persistently driven unlicensed
22. Enforcement determinations
23. Review by Court of refusal to revoke enforcement determination
24. Expiation fee is debt
25. Enforcement actions by Chief Recovery Officer
26. Amounts unpaid or unrecovered for more than certain period
27. Writing off bad debts
28. Enforcement of expiation notices in other jurisdictions
PART 5--Investigation powers
29. Personal details and investigation of financial position
30. Power to require information
31. Power to require identification
32. Disclosure of information to prescribed interstate authority
PART 6--Charge on land
33. Charge on land
PART 7--Enforcement Division 1--Enforcement action
34. Interpretation
35. Aggregation of monetary amounts for the purposes of enforcement
36. Seizure and sale of assets
37. Garnishment
38. Suspension of driver's licence
39. Restriction on transacting business with Registrar of Motor Vehicles
40. Suspension of section 97A of Motor Vehicles Act 1959
41. Clamping or impounding of vehicle
42. Power to dispose of uncollected seized vehicles
43. Seizure of number plates of vehicle
44. Publication of names of debtors and alleged offenders subject to enforcement action
45. Costs Division 2--Failure of enforcement process
46. Community service and approved treatment program orders
47. Community service and approved treatment program orders may be enforced by imprisonment
PART 8--Civil debt recovery Division 1--Preliminary
48. Interpretation Division 2--Recovery of civil debt
49. Notification of debt
50. Application to Court in relation to debt
51. Enforcement action
52. Internal review of decision to take enforcement action
53. Review of decision to take enforcement action
54. Effect of review proceedings on decision being reviewed
55. Costs
56. Interest on debts Division 3--Payment arrangements
57. Voluntary arrangement as to time and manner of payment Division 4--Investigation powers
58. Investigation of debtor's financial position
59. Power to require information Division 5--Enforcement action Subdivision 1--Preliminary
60. Aggregation of debts for the purposes of enforcement Subdivision 2--Action requiring formal determination
61. Requirement for payment of instalments etc
62. Garnishment
63. Seizure and sale of assets
64. Charge over land
65. Charge over other property Subdivision 3--Appointment of receiver
66. Appointment of receiver
PART 9--Authorised officers
67. Authorised officers
68. Identification of authorised officers
69. Hindering authorised officer or assistant
PART 10--Miscellaneous
70. Minister may declare amnesty from payment of costs, fees and charges
71. Power of delegation--approved treatment program manager
72. Liability
73. Chief Recovery Officer may be assisted by others
74. Notice of determinations
75. Service of notices etc
76. Regulations
SCHEDULE 1--Related amendments, transitional provisions etc
Legislative history
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